Design & Build

Terms and Conditions of Sale

1. Microgeneration Limited, Company no. 05681056, of The Guard House, Maker Heights, Torpoint, Cornwall PL10 1LA ("we" or "us") have agreed with you that we will design, supply and/or install a zero or low carbon energy system (the "System") as described on the Order.

2. Our responsibility
2.1 If we are responsible for carrying out any design in relation to the Order or any part of the Order, we will complete that design so that it is fit for the purpose as described, and will exercise the level of skill and care reasonably to be expected of an appropriately qualified and competent professional.
2.2 We will ensure that the design and/or installation of the System complies with any applicable health, safety or environmental laws and regulations except where paragraph 3.5 below obliges you to do this.
2.3 We will install the System in a proper, efficient and business like manner and in accordance with industry best practice.
2.4 Before finalising your Order we will discuss the System and your requirements with you. In doing so we will assess whether we are able to design and install such a system and if we cannot meet all of your requirements we will discuss alternative solutions.
2.5 If we have to change the Order for reasons beyond our control and this causes an increase in costs, we will provide you with a quotation giving details of the extra costs. Reasons beyond our control would include, for example, changes to the specification of the building for which the System is being designed, or changes in the design and manufacture of the Products made by the Supplier which impacts the design of, causes additional work to install the energy system, or requires further inspections. We will discuss and explain the new quotation and will, in any case, only carry out all the works (including the further work) once your written acceptance has been received.
2.6 Subject to paragraphs 2.1 to 2.5 above, we will design and install the System in accordance with the Order.

3. Your responsibility
3.1 You are responsible for ensuring that we are provided with any information which is necessary for, or relevant to, the design and/or installation of the System, in a timely manner. You are also responsible for the accuracy of this information whether provided directly by you or by a Third Party.
3.2 You will permit us, during normal working hours, to conduct meetings with you, survey the location where the System is to be installed, and to undertake the work, according to the programme set out in the Order (as may be amended in accordance with paragraph 2.5 above).
3.3 You will cooperate with us in all our reasonable requests and matters relating to the design and/or installation of the System.
3.4 You will ensure that any other services/utilities (including gas, oil, water and electricity) to which the System may be connected will be capable of handling and supporting the requirements of the System.
3.5 You will obtain all permissions and consents (including, if necessary, planning permission and buildings regulations approval) from landlords, local authorities and so on, which are required before the work can be carried out and on our request you will provide us with copies of such permissions and consents so that we can ensure that the design and installation of the System complies with applicable laws.
3.6 If the System or parts of the System are delivered to you before our installation, you will ensure that it is stored in a safe, dry environment and will take care not to damage or permit any damage to any such parts. You are responsible for all risk including any damage to or loss of any parts to the System once they are delivered to you and before we install them.

4. Things you should know
4.1 If you provide us with incorrect measurements or any other incorrect information, and we rely on this in preparing the Order, we reserve the right to increase our price to cover the reasonable cost of making good any errors or doing any additional work required because of them. Any price increase will be discussed with you and dealt with in accordance with paragraph 2.5.
4.2 With certain products, special types of care and maintenance may be required. We will provide you with the necessary instructions for this on completion of the works; however we can take no responsibility for damage caused because you did not care for the products or carry out maintenance work as specified in those instructions.

5. Warranty
5.1 We warrant that we will maintain Professional Indemnity, Public Liability and other insurance cover as may be appropriate to the Order, and that we will provide evidence that these insurances remain in force whenever reasonably requested.
5.2 We do not manufacture the System equipment or Products and cannot ourselves warrant or guarantee their performance. The principal Products within the System each comes with a manufacturer warranty. These warranties cover manufacturing faults, satisfactory quality of the equipment within the meaning of the Supply of Goods and Services Act 1982 and fitness for the purpose for which the equipment is designed. If you need to make a claim under the warranty we will administer this process on your behalf and ensure that your claim is dealt with appropriately by the equipment provider.
5.3 We warrant that the System will comply with the Order, as may be amended by paragraph 2.5. Any design or design related remedial works will be carried out by us at no additional cost to you unless such failures result from errors, omissions or amendments in the specification and information provided by you to us as described in Paragraph 3.
5.4 We warrant all other goods and labour that form part of the System against failure or breakdown for a period of twelve months from the date of commissioning.
5.5 You must inform us when you become aware of any faults in the System otherwise you could invalidate your warranty.
6. Price, VAT and Payment
6.1 The price for the work is as stated on the Order and unless stated otherwise is exclusive of VAT and/or any other applicable taxes or levy, which shall be charged in addition at the rate in force at the date any payment is required from you.
6.2 If you fail to pay any sum owed under the Order in accordance with the schedule then you shall be liable to pay interest to us on the sum payable from the date when it became payable at the rate of 3% above the base rate of the HSBC plc.

7. Termination Rights
7.1 We reserve the right to terminate your Order in the following cases:
7.1.1 if you are overdue in making any payment by more than 28 days after a written demand for payment has been made by us following the final date for payment in accordance with clause 6; or
7.1.2 if we have given notice to you of any other breach of the Terms and Conditions that adversely affects our ability perform our obligations under the Order and you have failed to remedy the breach within 14 days from the date of that notice ; or
7.1.3 If you become insolvent or have a liquidator, receiver, manager or administrative receiver appointed.
7.2 You may give us notice to terminate your Order in the following cases:
7.2.1 if you have given notice to us of a breach of the Order or these Terms and we have failed to remedy the breach within 14 days from the date of that notice; or
7.2.2 if we become insolvent or have a liquidator, receiver, manager or administrative receiver appointed
7.3 To terminate an Order you should send a letter to us by post or by personal delivery. Contact details for where to send the letter are set out in Paragraph 8 below. If you terminate the Order verbally or by email, you will need to confirm the termination in writing and send it to us by one of the means just specified within 7 days.

8. Contact details
8.1 Our correspondence address is Microgeneration Ltd, The Guard House, Maker Heights, Torpoint, Cornwall PL10 1LA.
8.2 If you wish to terminate the Order or have any comments or complaints about the work, letters or other communications, communication should be addressed to Customer Services, either by writing to the address given in Paragraph 8.1, by email to customer.services@microgeneration.com or by telephone 01752 823600.

9. Ownership of goods
9.1 Goods to be incorporated in our works will become your property when any part of their value is included in any payment made by you to us, or when they become incorporated in our work (if earlier).
9.2 Components delivered to you in advance of installation are held by you at your risk. During installation the risk of loss or damage to any materials provided by us will remain with us until the completion of the installation. The entire System is at your risk once installed.
10. Liability
10.1 If the System we install is not what you ordered, or is damaged or defective, or the delivery is of an incorrect quantity, or if any part of the work is performed negligently or in breach of the provisions of your Order or these terms and conditions, you should let us know of the problem by writing to us at our contact address as soon as reasonably possible.
10.2 Our total liability in respect of any potential claim (excluding death or personal injury caused by our negligence) is limited to the amount set out in the Order.
10.3 We shall not be liable to you for any form of indirect or consequential losses incurred by you including loss of profits, pure economic loss, depletion of goodwill or otherwise.
10.4 Warranty claims made by you under paragraph 5.2 are claims against the provider of the faulty Products and whilst we agree to administer the warranty process we are not liable for such claims.

11. General
11.1 The copyright and all other intellectual property rights of whatever nature in any designs, artwork, photographs, digital images or other material produced by us as part of the work, are and shall remain, our property.
11.2 If any part of these terms and conditions is unenforceable the enforceability of any other part of these conditions will not be affected.
11.3 Nothing in these terms and conditions affects your statutory rights as a consumer.
11.4 We shall not be liable to you for any delay, loss or damage caused to or suffered by you due to any circumstances beyond our reasonable control. Where such circumstances continue for a consecutive period of six months, either you or we may terminate your Order by giving notice in writing to the other person.
11.5 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and despite any other provision of these terms and conditions this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
11.6 If we waive any breach by you of any term of these terms and conditions it shall not be deemed to be a waiver of any subsequent breach or default and shall not affect these terms and conditions.
11.7 These terms and conditions are governed by and shall be construed in accordance with English law and we both submit to the exclusive jurisdiction of the English courts.